Can homeowners be sued for not clearing their sidewalk?

Winter in Canada comes with its fair share of responsibilities, and for homeowners, one is clearing snow and ice from sidewalks. But what happens if you don’t keep your sidewalk clear? Can homeowners be sued for not clearing the sidewalk? The short answer is yes. Failing to maintain safe pathways can lead to legal consequences, especially if someone gets hurt on or near your property. Let’s explore the details and what you can do to protect yourself.

Legal responsibilities of homeowners in Canada

In most Canadian municipalities, homeowners are legally required to clear snow and ice from the sidewalks adjacent to their property. This is typically outlined in local by-laws, which may vary depending on where you live. Here’s what you need to know:

• Time limits: Many cities require snow removal within a specific timeframe after snowfall ends, often 24 hours.
• Penalties: Failure to comply with snow removal by-laws can result in fines or additional charges if the city has to clear your sidewalk for you.
• Liability: Beyond fines, you could be held responsible if someone slips and falls on an uncleared sidewalk near your property.

When can a homeowner be sued?

If someone sustains an injury on an icy or snow-covered sidewalk adjacent to your property, you could face a lawsuit. Here are some common scenarios:

1. Negligence claims: If a homeowner is found negligent in maintaining their sidewalk, they could be held responsible for medical expenses, lost wages, and pain and suffering.
2. Shared liability: Even if the injured person wasn’t being cautious, a court might determine shared liability, meaning you’d still be found partially responsible.
3. Insurance claims: The injured party may file a claim with their insurance, but their insurer could pursue legal action against you to recover costs.

How to protect yourself

The best way to avoid legal trouble is to stay proactive. Here’s how:

• Follow by-laws: Be familiar with and adhere to your municipality’s snow removal requirements.
• Act quickly: Clear snow and ice immediately after a snowfall. Use salt or sand to reduce slipperiness.
• Document your efforts: Keep records of when and how you clear your sidewalk if you need to prove you’ve done your part.
• Maintain adequate insurance: Home insurance policies often include liability coverage, but it’s essential to ensure that your policy provides enough protection.

Don’t assume that you only have to clear the snow or use salt or gravel once. In many parts of the country, it is wise to clear the snow when 2-4 inches has collected. If the snow does not stop falling, keep clearing your driveway and sidewalk when new snow accumulates. Clearing the snow when it has not been walked on makes the removal easier and cuts down on the amount of ice that can be created by impacted snow.

Need advice on the right home insurance coverage? Get a quote from Westland Insurance today.

The role of home insurance in liability cases

Home insurance is your safety net when it comes to potential lawsuits related to sidewalk maintenance. Most policies include personal liability coverage, which can help cover:

• Legal defense costs
• Medical expenses for the injured party
• Settlement or judgment amounts

However, the extent of coverage can vary. That’s why reviewing your policy and ensuring it aligns with your needs is essential. For example, if you live in a high-traffic area or a region prone to heavy snowfall, you may want to increase your liability limits.

Contact Westland Insurance to review your home insurance policy and ensure you’re fully protected.

Common misconceptions about sidewalk liability

There are several myths about homeowners’ responsibilities regarding sidewalk maintenance. Let’s clear up a few:

• “I’m not liable for city property.” While sidewalks are often city-owned, homeowners are typically responsible for keeping them clear.
• “I can’t be sued if the snow just fell.” Some by-laws allow for a grace period, but if you’ve had ample time to clear the sidewalk and haven’t, you could still be held responsible.
• “The city will cover any claims.” In many cases, municipalities pass liability onto homeowners through local by-laws.

Why taking action matters

Neglecting your snow-clearing duties isn’t just a legal risk; it’s also a matter of community responsibility. A clear sidewalk ensures your neighbours, mail carriers, and pedestrians can travel safely. Plus, it’s a simple way to contribute to the overall well-being of your neighbourhood.

What to do if you’re sued

If someone does take legal action against you, here are the steps you should follow:

1. Contact your insurer: Notify your home insurance provider immediately. They’ll guide you through the claims process and may provide legal representation.
2. Gather evidence: Document the condition of your sidewalk, including photos and records of your snow-clearing efforts.
3. Follow legal advice: Your insurer or legal counsel will advise you on the best course of action.

While it might seem like a minor chore, clearing your sidewalk is a serious responsibility for Canadian homeowners. By staying diligent and ensuring you have the right insurance coverage, you can protect yourself from potential legal and financial risks.

At Westland Insurance, we’re here to help you navigate the complexities of home insurance and liability coverage. Whether you’re reviewing your policy or looking for additional protection, our team is ready to assist.

Don’t wait until it’s too late. Request a home insurance quote from Westland Insurance today and ensure you’re prepared for every season.